State Of Louisiana v. Jered C. Sellers

Opinion

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1

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STATE OF LOUISIANA NO. 2023 KW 1101

VERSUS

JERED C. SELLERS FEBRUARY 14, 2024

In Re: Jered C. Sellers, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 21- WFLN- 742.

BEFORE: PENZATO, HESTER, AND MILLER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The trial court

incorrectly determined that relator' s blood- alcohol test results

were admissible as presumptive evidence of intoxication. See La. R. S. 32: 664( A) & ( D) ( prior to repeal by 2022 La. Acts No. 393, § 1). To that extent, the writ is granted. However, notwithstanding the unavailability of the blood- alcohol test results as presumptive evidence of intoxication, assuming the results are otherwise the reliable, State may use blood- alcohol test results obtained without strict compliance with the presumptions in La. R. S. 32: 662, i. e., as circumstantial

evidence that would allow the fact -finder to draw an inference of the defendant' s intoxication. See State 2008-

Shirley,

v.

2106 ( La. 5/ 5/ 09), 10 So. 3d 224, 233. Accordingly, the ruling denying relator' s motion to suppress is reversed in part, and

this matter is remanded to the trial court for further proceedings.

ARP CHH

Miller, J. concurs, and would note that " otherwise

reliable" contemplates the establishment of a proper chain of

custody.